Filed: Aug. 26, 2014
Latest Update: Aug. 26, 2014
Summary: STIPULATION REGARDING DISCLOSURE OF GRAND JURY TRANSCRIPTS AND PROTECTIVE ORDER; ORDER KENDALL J. NEWMAN, Magistrate Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows: 1. The United States also seeks to fulfill its obligations under Brady v. Maryland, 373 U.S. 83 , 87 (1963) and its progeny, to produce evidence that is exculpatory, even in the absence of a request
Summary: STIPULATION REGARDING DISCLOSURE OF GRAND JURY TRANSCRIPTS AND PROTECTIVE ORDER; ORDER KENDALL J. NEWMAN, Magistrate Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows: 1. The United States also seeks to fulfill its obligations under Brady v. Maryland, 373 U.S. 83 , 87 (1963) and its progeny, to produce evidence that is exculpatory, even in the absence of a request ..
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STIPULATION REGARDING DISCLOSURE OF GRAND JURY TRANSCRIPTS AND PROTECTIVE ORDER; ORDER
KENDALL J. NEWMAN, Magistrate Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows:
1. The United States also seeks to fulfill its obligations under Brady v. Maryland, 373 U.S. 83, 87 (1963) and its progeny, to produce evidence that is exculpatory, even in the absence of a request by the accused. See, e.g., United States v. Agurs, 427 U.S. 97, 107 (1976).
2. Certain witnesses who testified before the Grand Jury in this matter gave testimony that could be considered exculpatory to the defendants in this matter. Two of these witnesses were subsequently indicted for perjury. Those witnesses are:
N.A. on May 8, 2014
J.K. on March 13, 2014 and April 10, 2014
Z.M. on May 8, 2014
H.D. on May 22, 2014
W.A. on May 8, 2014
N.S. on May 8, 2014
H.C. on April 24, 2014
G.D. on April 24, 2014
H.J. on May 8, 2014
P.M. on June 24, 2014
M.K. on June 24, 2014
3. By this stipulation, the United States now moves to disclose transcripts of witness testimony for the individuals listed above to the undersigned defense counsel.
4. The parties agree and stipulate, and request that the Court find the following:
a. The transcripts released as set forth above are entrusted to each counsel only for the purposes of representing his or her client, in this criminal case and for no other purpose.
b. Defense counsel shall not share any documents that contain any portion of such transcripts, including quotes or excerpts, verbal or written, with anyone other than those designated to have access to such transcripts as set forth above in Section 3.
c. Defense counsel may permit the defendant to review the transcript(s), and be aware of their contents, but defendant shall not be given control of the Protected Information or provided any copies of the transcript.
d. Any person receiving Protected Information or a copy of the Protected Information from defendant's counsel shall be bound by the same obligations as counsel and further may not give the Protected Information to anyone (except that the protected documents shall be returned to counsel).
e. Defense counsel agrees to store the transcript(s) in a secure place and to use care to ensure that information is not disclosed to third parties in violation of this Agreement and the Court's Order.
f. Defense counsel agrees not to make any copies of such transcript(s);
In the event that the defendant substitutes counsel, undersigned defense counsel agrees to withhold the transcript(s) form new counsel unless and until substituted counsel agrees also so be bound by this order.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
